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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Intellectual Property, Biodiversity and Sustainable Development

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ISBN13: 9781842772348
ISBN: 1842772341
Published: January 2003
Publisher: Zed Books
Format: Hardback
Price: £45.00

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Intellectual property rights are a major source of controversy. Corporations are now patenting human genes, plants and other biological materials, many of which exist in nature or have been used for generations by farmers and indigenous peoples. Martin Khor examines the ""biopiracy"" phenomenon, its links to the TRIPS Agreement, and its various effects.;He asks: what are the implications of TRIPS for traditional knowledge and the rights of local communities?; what are the tensions between TRIPS and the Convention on Biological Diversity?; should life forms have the status of intellectual property?; will patents for biological materials become mandatory?; and will TRIPS endanger technology transfer for development? This book describes the current debates, looks at the options for problem solving, and suggests ways of moving forward.

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1. Background to the International Debate 2. TRIPS, IPRs and Traditional Knowledge Traditional Knowledge and the Link to Community Rights The Value of and Threats to Traditional Knowledge Misappropriation of Traditional Biodiversity Knowledge, or the ""Biopiracy"" Phenomenon Some Views of Indigenous People Options and Attempts to Redress the Situation 3. The Relationship between TRIPS and the CBD Introduction Inherent Tensions in the IPRs Provisions of the CBD Other Tensions between TRIPS and the CBD Options to Redress the Situation 4. TRIPS and Article 27.3 (b) Introduction Patentability of Living Organisms and Processes: Distinctions Protection of Plant Varieties Conclusions and Suggestions 5. IPRs, TRIPS and Technology Transfer Technology Transfer in the ""Environment and Development"" Process IPRs and Technology Transfer Case Study of Effect of IPRs on Implementation of the Montreal Protocol TRIPS, Technology and the Environment Provisions in TRIPS for Technology Transfer References